Sometimes, it becomes impossible to keep a marriage together. When divorce becomes an eventuality, you need to be prepared for the road ahead. Besides the emotional and mental stress, you have to deal with many important decisions, which can impact your life ahead. If you have made up your mind to file for divorce in North Carolina, your next immediate step should be about contacting one of Wilmington attorneys. In this post, we are sharing more on divorce requirements in NC, along with benefits of hiring a divorce lawyer.
Requirements to file for divorce
Like every other state, North Carolina also has its set of requirements. The first requirement is either one of the spouses must be a resident of the state, who has lived here for at least six months prior to filing for divorce. Secondly, spouses must have lived separately and apart, for at least one year continuously. This means that you must have lived apart from your spouse for one uninterrupted year.
No-Fault Divorce in North Carolina
North Carolina is a no-fault divorce state. This means that if you fulfill the requirements stated above, you don’t need to cite a reason, or blame your spouse for something, to get a ground for divorce. There are, however, circumstances, when a spouse can file for fault-based divorce. This is often on grounds of marital misconduct, or incurable insanity. The examples of marital misconduct include abandonment, cruel treatment or domestic violence, and alcohol and drug abuse.
Note that you can file for either absolute divorce, or divorce from bed and board. The latter is same as legal separation, where you remain married, but live apart. For some circumstances, a legal separation may be more viable for a couple.
Why hire a divorce lawyer?
Even when you seem to agree on most things related to the divorce, you may want to contact an attorney. Legal representation is important, because you need to be sure that you aren’t agreeing to something that may impact your life adversely in months or years to come. An experienced divorce lawyer can offer the best advice on your situation, and when divorce is inevitable, your attorney will ensure that your rights are protected. Your lawyer can discuss things with your spouse’s lawyer, so you can actually stay away from unwanted arguments and topics.
Before you file for divorce or take the final call, consider couple counseling as the last resort. Your divorce lawyer can always help after everything else seems to fail.
